계약취소 청구의 소
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the date on which the judgment of this case became final and conclusive against the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. On December 19, 2016, the Plaintiff entered into a sales contract for the first and second sales contracts for the instant case (i) between the Defendant and the Defendant, and (ii) between Kimhae-si C and its ground buildings, and the D Kindergartens operated in the said building (hereinafter “instant kindergarten”).
(2) The sales contract of this case is a sales contract which sells 2 billion won (a contract amount of KRW 100 million, intermediate payment of KRW 500 million, and the balance of KRW 1.4 billion) (hereinafter “instant sales contract”).
(ii) and (ii) Kim Sea-si E and its ground building adjacent to the above C land, and F Child Care Center operated in the building (which is located within one wall of the instant kindergarten);
hereinafter referred to as “child care center of this case”
2) The sales contract of this case (hereinafter “the second sales contract of this case”) that sells B at KRW 900 million (the contract amount of KRW 150 million, the balance of KRW 750 million) (hereinafter “the contract of this case”).
(2) The terms and conditions of the instant contract for the first sale contract are as follows: (i) the balance of KRW 1.4 billion shall be paid as KRW 300 million on January 3, 2018; (ii) January 3, 2020; and (iii) January 3, 2021; and (iv) the amount of KRW 200 million on January 3, 2022 shall be paid as KRW 100 million on the date of the transfer of the registration; and (ii) the registration of a kindergarten shall be paid at the time of registration if it is possible to register pursuant to the provisions of the Early Childhood Education Act, etc.; and (iii) the special terms and conditions of the instant contract for the second sale contract shall be stated as “9 persons authorized.”
3) As the price for the instant sales contract, the Defendant paid KRW 20 million to the Plaintiff, December 18, 2016, KRW 160 million, KRW 50 million on December 19, 2016, KRW 350 million on December 28, 2016, KRW 300 million on December 29, 2016, KRW 1.34 billion on January 2, 2017, KRW 40 million on December 29, 2017, the Defendant failed to pay the intermediate payment of KRW 160 million on the sales contract of the instant case to the Plaintiff by January 3, 2017, KRW 1.6 billion on the payment deadline stipulated in the instant contract, and requested the Plaintiff to take measures to reduce the Plaintiff’s loan of KRW 160 million on December 3, 2017.